Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 28821 (CAL)

PINTU HALDER AND ANR v. THE BERHAMPORE MUNICIPAL CORPORATION AND OS

WPA/14579/2026 · 2026-07-16

Raja Basu Chowdhury

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

16.07.2026 sayandeep Sl. No. 16 Ct. No. 03 WPA 14579 of 2026 Pintu Halder & anr. Vs. The Berhampore Municipal Corporation & ors. Mr. Soupal Chatterjee Ms. Madhumita Chatterjee Mr. Anupam Das …. for the petitioners Ms. Rituparna Chatterjee Ms. Megha Yadav ….. for the respondents Mr. Anirban Das ….. for the State Mr. Tapan Kumar Rakshit Mr. Surajit Roy ….. for the respondent No. 6 1. The affidavit-of-service filed in Court today is taken on record. 2. Complaining illegal construction at the behest of the respondent No. 4 and failure of the part of the municipal authorities to take steps in furtherance to the representation dated 8th June, 2026, the instant writ petition has been filed. 3. The learned advocate for the petitioners would submit that the petitioners are joint owners and occupiers in respect of the 1 Cottah, 3 Chhataks of land situated at Mouza-Saidabad, P.S. Berhampore, P.O. Khagra, District- Murshidabad within JL No. 100 comprised in LR Khatian No. 5823 LR Plot No. 285 corresponding to RS Plot No. 122, Ward No. 4 2 WPA 14579 of 2026 of the Berhampore Municipal Corporation. According to the petitioners, the petitioners’ adjoining neighbour has illegally commenced construction and is continuing with the construction activity on the adjoining property without obtaining any valid sanctioned plan. Despite representations being made to the municipal authorities, the municipal authorities have not taken any steps. 4. Though the municipal authorities and the private respondents remain unrepresented, having regard to the nature of allegations made herein, I am of the view that the instant writ petition can be disposed of by directing the municipal authorities to consider the petitioners’ representation and dispose of the same by passing a reasoned order upon giving opportunity of hearing to the petitioners and respondent No. 4. 5. It is made clear that the decision in this regard must be taken within a period of 4 weeks from the date of communication of this order. If on the basis of a decision to be taken by the municipal authorities, the municipal authorities are of the view that any illegal construction has taken place or the construction is without any valid sanctioned building plan, the municipal authorities shall 3 WPA 14579 of 2026 forthwith initiate proceedings under Section 218 of the West Bengal Municipal Act, 1993 and disposed of the same in accordance with law. 6. It is expected that the entire process as aforesaid shall be completed within a period of 16 weeks from the date of communication of this order. 7. Since no affidavit-in-opposition has been called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents. (Raja Basu Chowdhury, J.)